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When an Indictment is Required. The Fifth Amendment to the United States Constitution provides that prosecutions for a capital, or otherwise infamous crime must be instituted by a presentment or indictment of a Grand Jury.. See Ex Parte Wilson, 114 U.S. 417, 427 (1885); United States v. Wellington, 754 F.2d 1457, 1462 (9th Cir.), cert.
A grand jury is a specially appointed body that determines whether a prosecutor has gathered enough evidence to warrant a trial in a particular case. Used only in special cases, the grand jury serves as a conduit through which reasonable cases pass into the traditional trial system. The role of the grand jury is to determine whether the evidence gathered by a district, state, or federal prosecuting attorney creates a justifiable basis for an indictment. Though once used throughout the United Kingdom and some of Europe, modern-day grand juries exist primarily in the United States.